Proposed Amendments to Rules Governing the Recovery of Refrigerants
Proposed Rules: Closed to Comments (View Public Comments Received:1)
Local Law 69 of 2013 makes original equipment manufacturers (“OEMs”), as defined by the law, responsible for the lawful recovery of refrigerants from their refrigerant-containing appliances when those appliances are discarded by residents. Local Law 69 was enacted in August 2013. Subsequently, a lawsuit challenging the validity of Local Law 69 was brought against the City of New York. As a result of the settlement of this lawsuit, the City proposes the following amendments to Chapter 17 of Title 16 of the Rules of the City of New York. Specifically, the proposed rule amendments: • Add certain new definitions and clarify existing defined terms; • use the term “responsible party,” defined as a brand owner or manufacturer, in place of the term “original equipment manufacturer”; • clarify the responsibilities of a responsible party; • place additional requirements on the Department of Sanitation (DSNY) with regards to the information that must be contained in the biannual bill sent to a responsible party; • establish a process by which a responsible party can challenge the biannual bill issued by the department; • state that it will be a violation, punishable by a fine of $500, for any responsible party to dispose of a refrigerant-containing appliance without arranging for the lawful recovery of the appliance’s refrigerants, as provided by Local Law 69; and • state that enforcement proceedings may be brought as civil actions or in a proceeding before the Environmental Control Board. DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-485 of the New York City Administrative Code.